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STATE FOR USE OF DEPT. OF CORR. v. PEÑA

No. 92SC240.

855 P.2d 805 (1993)

The STATE of Colorado, for the Use of the DEPARTMENT OF CORRECTIONS, Petitioner, v. Federico PEÑA, Mayor of the City and County of Denver; J.D. MacFarlane, Manager of Safety, City and County of Denver; John Simonet, Director of Corrections for the City and County of Denver; Mose Trujillo, Warden of the Jail for the City and County of Denver; Sal Carpio, Robert Crider, Kathy Donohue, Stephanie Foote, Ted Hackworth, Nieves McIntyre, Kathy Reynolds, William Roberts, William Scheitler, John Silchia, and Paul Swalm, City Council Members, City and County of Denver, Respondents.

Supreme Court of Colorado, En Banc.

July 6, 1993.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., John August Lizza, First Asst. Atty. Gen., Paul S. Sanzo, Asst. Atty. Gen., Denver, for petitioner.

Daniel E. Muse, City Atty., Stan M. Sharoff, Asst. City Atty., Denver, for respondents.

Justice LOHR delivered the Opinion of the Court.

This case arises as a result of the difficulties encountered at both the state and county levels due to a lack of available prison space for the housing of state-sentenced prisoners, the General Assembly's attempt to compensate any county or city and county for the expense of housing state prisoners, and the refusal of the City and County of Denver (Denver) to accept "technical" parole violators from the State.

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